Fourteen States Undergo Universal Periodic Review

Egypt participates in the Universal Periodic ReviewCredit: UN Web TV — Egypt participates in the Universal Periodic Review
Credit: UN Web TV

Fourteen States had their human rights records examined during the Universal Periodic Review (UPR) Working Group’s 20^th session in Geneva, Switzerland from October 27 to November 7. [OHCHR Press Release] At the 20th session, Italy, El Salvador, Gambia, Bolivia, Fiji, San Marino, Kazakhstan, Angola, the Islamic Republic of Iran, Madagascar, Iraq, Slovenia, Egypt, and Bosnia and Herzegovina all reported on the challenges and successes encountered in meeting their human rights obligations, and received recommendations from fellow United Nations Member States. [OHCHR Press Release] Video of the 20^th session is available on UN Web TV. Through the UPR process, every UN Member State’s human rights practices is reviewed by its fellow States, with input from civil society and UN human rights bodies, approximately every four years.

Italy

Italy addressed its fight against discrimination, the condition of Roma, Sinti and Traveler’s Communities, women’s rights, the status of children, its efforts to improve the judiciary and detention systems, freedom of expression and religion, the status of minorities, human trafficking, human rights training, and pollution. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Italy, UN Doc. A/HRC/WG.6/20/ITA/1, 21 July 2014.

The International Center for Advocates against Discrimination (ICAAD) noted the prevalence of discrimination on the basis of sexual orientation and gender identity in Italian society. Italian law does not recognize same-sex couples and the Italian Constitution does not include a prohibition of sexual orientation or gender identity discrimination. See Human Rights Council, Summary prepared by the United Nations High Commissioner for Human Rights in accordance with paragraph 15(b) of the annex to Human Rights Council Resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: Italy, UN Doc. A/HRC/WG.6/20/ITA/3, 4 August 2014, paras. 25-27.

The concerns raised by civil society organizations and treaty bodies come on the heels of a decision by Perugia’s public prosecutor to charge six gay rights activists with disturbing the peace after they kissed during a March 2014 demonstration. [Huffington Post] Judith Sunderland, the senior Western Europe researcher for Human Rights Watch asserts that the charges mirror the pervasive anti-gay sentiment in Italy. [Human Rights Watch]

The national report, summary of information submitted by civil society organizations, compilation of UN human rights bodies’ reports, and questions submitted in advance by other States are available on the UPR Second Cycle webpage for Italy.

El Salvador

El Salvador’s report discussed challenges and advances in ensuring equality and non-discrimination, public security, the right to work and social security, the right to health, women’s rights and violence against women, children’s rights, the rights of migrants and refugees, indigenous peoples’ rights, and efforts to provide reparations for the victims of internal armed conflict. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: El Salvador, UN Doc. A/HRC/WG.6/20/SLV/1, 21 July 2014.

A number of civil society organizations and human rights bodies drew attention to sexual violence against women in El Salvador, where a rape occurs every three hours. See Human Rights Council, Summary prepared by the United Nations High Commissioner for Human Rights in accordance with paragraph 15(b) of the annex to Human Rights Council Resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: El Salvador, UN Doc. A/HRC/WG.6/20/SLV/3, 21 July 2014, paras. 36-37. Much of this violence goes unpunished, and victims lack access to justice. Id. Women’s rights defenders are particularly vulnerable and are frequently targets of gender violence. Id. at para. 53.

The Special Rapporteur on violence against women encouraged El Salvador to enact measures to protect women from violence, and the Working Group on Arbitrary Detention highlighted the persistent need to address gang violence. Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15(b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: El Salvador, UN Doc. A/HRC/WG.6/20/SLV/2, 15 August 2014, paras. 14 and 20.

The media has similarly focused attention on the prevalence of rape. A recent in-depth news report observed that rape and violence are used as weapons by street gangs in El Salvador, where 440 women and girls have been murdered or gone missing in 2014 alone. [SF Gate; Huffington Post ] The report also detailed how gang members use fear, intimidation and threats to prevent girls and women from reporting sexual assaults. [SF Gate; Huffington Post]

The national report, summary of information provided by civil society organizations, compilation of UN human rights bodies’ reports, and questions submitted in advance by other States are available on the UPR Second Cycle webpage for El Salvador.

Gambia

In its second report, Gambia addressed equal access to education, gender-based violence, infant mortality and maternal health, children’s and women’s rights, disability rights, vulnerable persons – including women, children and the elderly, prison conditions, reforms of the judiciary, efforts to combat human trafficking, access to justice, freedom of speech, expression and assembly, access to information, Female Genital Mutilation and female circumcision, the establishment of a National Human Rights Institution, the right to life and the death penalty, civic education, asylum, poverty, and Gambia’s reporting procedures before various human rights bodies. See generally Human Rights Council, National Report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Gambia, UN Doc. A/HRC/WG.6/20/GMB/1, 24 July 2014.

Bolivia

In its UPR report, Bolivia described its macroeconomic policies, efforts to combat extreme poverty, new human rights indicators, national human rights action plan and national human rights council, and the Patriotic Agenda 2025, which is designed to end inequality and extreme poverty. Bolivia also discussed protections against enforced disappearance, access to justice, freedom of expression and information, work to combat racism and discrimination, efforts to combat corruption, the right to education, health, work, basic services, safe drinking water and sanitation, sufficient food, housing, women’s rights, rights of children and adolescents, efforts to combat human trafficking and smuggling, rights of older persons, rights of persons with disabilities, and consumer rights. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Plurinational State of Bolivia, UN Doc. A/HRC/WG.6/20/BOL/1, 21 July 2014.

The national report, questions provided in advance of the review by other States, and summaries of observations by civil society organizations and UN human rights bodies are available on the UPR Second Cycle webpage for Bolivia.

Fiji

In its national report, Fiji addressed its institutional human rights framework, including the Human Rights and Anti-Discrimination Commission, Electoral Commission, Media Industry Development Authority and judiciary, as well as its efforts to secure a wide variety of rights, including religious freedom, political participation, freedom of association, rights of those living with disabilities, housing, education, and access to information. Fiji also discussed the implementation of recommendations related to torture, the death penalty, children’s rights, the restoration of constitutional rule of law and participatory democracy, free and fair elections, the independence of the national human rights institution, strategies for persons living with HIV/AIDS, cooperation with human rights bodies, protecting human rights defenders, combatting domestic violence, investigating human rights abuses, alleviating poverty, restoring pensions, and requesting aid and development assistance. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Fiji, UN Doc. A/HRC/WG.6/20/FJI/1, 26 August 2014.

San Marino

San Marino described its efforts to protect and promote the rights to equality and non-discrimination, the right to life, prohibitions on torture and slavery, the right to a fair trial, freedom of movement and asylum, citizenship rights, the right to family, rights to freedom of thought, conscience, religion and expression, the right to free assembly and association, participation in cultural and political life, the right to social security, right to work, right to an adequate standard of living and right to education, as well as its consultations with civil society organizations. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: San Marino, UN Doc. A/HRC/WG.6/20/SMR/1, 21 July 2014.

Kazakhstan

In its second cycle UPR report, Kazakhstan discussed the role of its Human Rights Commissioner, cooperation with international human rights bodies, right to life, protections from torture, violence and cruel or inhuman treatment, right to liberty and security of person in prisons, freedom of expression, rights of migrants, refugees and repatriated citizens, efforts to combat human trafficking, freedom of conscience and religion, electoral rights, the right to peaceful assembly and free association, right to legal assistance, women’s rights, children’s rights, minority rights, judicial reforms, counter-terrorism measures, the health care system, right to social security, the right to a healthy environment, the right to education and efforts to promote human rights education. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Kazakhstan, UN Doc. A/HRC/WG.6/20/KAZ/1, 16 September 2014.

Angola

In its second cycle report, Angola described measures taken to enhance the national system for protecting human rights, the role of consultative bodies, committees and independent institutions in promoting and ensuring human rights, as well as efforts taken to cooperate with UN human rights mechanisms and the ratification of new conventions – including the Convention on the Rights of Persons with Disabilities and its optional protocol. Angola also addressed issues of access to justice, reforms of its penal and judicial systems, human trafficking, freedom of speech, association and assembly, corruption, gender equality and violence against women, stereotypes, children’s rights, efforts to register citizens, the right to education, the right to health, measures to combat HIV, the right to adequate housing, the rights of vulnerable groups – including persons with disabilities, the elderly, and refugees– and sexual orientation discrimination. In addition, Angola noted steps taken to protect children accused of witchcraft – in rural Angola, such accusations have led to the mistreatment, abandonment and exploitation of children. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Angola, UN Doc. A/HRC/WG.6/20/AGO/1, 4 August 2014.

Islamic Republic of Iran

The Islamic Republic of Iran submitted information on new policies, laws and mechanisms to promote and protect human rights, efforts to secure the right to education, the promotion of economic, social and cultural rights, democratic elections, freedom of political parties, association, thought and religion, the media and speech, the independence and impartiality of the judiciary, treatment of prisoners, efforts to prevent torture and prohibit extrajudicial and arbitrary arrests, implementation of the right to health, the right to education, the right to social security, the right to housing, cultural rights, the right to development, the effect of economic sanctions, steps to combat narcotic smuggling, the protection of vulnerable groups – including women, children and the disabled – rights of asylum seekers and minorities, as well as information on efforts to cooperate with UN human rights bodies and comply with international obligations. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Iran (Islamic Republic of), UN Doc. A/HRC/WG.6/20/IRN/1, 21 July 2014.

Iran also outlined the challenges and constraints faced in its efforts to promote and protect human rights. In this regard, Iran argued that the economic sanctions against it are “coercive” and “clearly against the principles of international law.” Id. at 119. Finally, Iran pointed to the “scourge of terrorism,” an epidemic allegedly “supported by certain foreign governments” as one of the gravest violations of the rights of Iranian citizens. Id. at paras. 120-21.

Civil society organizations addressing Iran’s human rights record observed Iran’s use of the death penalty for a broad array of offenses, including “consensual same-sex intercourse,” an expansive range of terrorism-related charges, including moharebeh – sometimes defined as “enmity against God” – and adultery, which can be punished by death by stoning . These organizations highlighted the discriminatory impact of the death penalty in Iran, where the majority of death sentences for moharebeh are carried out against ethnic minorities and women receive the majority of death-by-stoning sentences for adultery. See Human Rights Council, Summary prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (c) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: Iran (Islamic Republic of), UN Doc. A/HRC/WG.6/20/IRN/3, 4 August 2014, paras. 15-18. Amnesty International observed the prevalence of torture and ill-treatment in Iran, where such crimes are committed with impunity. Id. at para. 20

The abuses highlighted in these civil society reports were illustrated by the October 2014 hanging of 26-year-old Reyhaneh Jabbari, convicted of killing her attempted rapist. Iran declined repeated calls for clemency from the United Nations and human rights groups, despite evidence that Iranian officials used torture to pressure Jabbari’s confession. [Daily Beast]

Iran’s review comes shortly after the August 2014 report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran. Like the civil society organizations’ submissions for Iran’s UPR, the report of the Special Rapporteur observed the extensive use of the death penalty in Iran – noting that there were 687 executions in 2013 and 411 between January and June 2014. Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Ahmed Shaheed, UN Doc. A/69/356, 27 August 2014, para. 7 and figure 1. In its UPR report, Iran asserted that the appointment of the Special Rapporteur was “political, discriminatory and unfair.” See National Report: Iran at para. 118.

Madagascar

Madagascar discussed steps to comply with international commitments and corresponding changes in its constitution, legislation and case law, as well as efforts to protect women’s rights, combat trafficking, address poverty, increase access to health care and primary education, assist victims of violence, promote gender equality, address cultural practices that harm women and children, combat domestic violence, foster international cooperation to protect human rights, empower women, protect the rights of the child, end torture and other forms of cruel, inhuman or degrading treatment, reform the judicial and penal systems, improve detention conditions, protect the rights of persons with disabilities, promote freedom of expression, improve public awareness of human rights, cooperate with human rights mechanisms, and to train the judiciary and law enforcement officials. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the Annex to Human Rights Council resolution 16/21: Madagascar, UN Doc. A/HRC/WG.6/20/MDG/1, 23 July 2014. The State report also outlined national priorities and initiatives to improve human rights on the ground, and the government’s achievements, best practices and challenges in ensuring human rights. Madagascar also discussed the release of all political prisoners, excepting those facing prosecution for violent crimes.

Iraq

In its UPR report, Iraq described newly enacted human rights laws, steps to empower women and end violence against women, efforts to protect the rights of persons and children with disabilities, the rights of refugees and internally displaced individuals, efforts to fulfill the right to health, education, food, housing, work and social security, the right to vote, freedom of expression, the right to establish political parties, steps to improve prison conditions, minority rights – particularly the rights of Kurds– and measures undertaken regarding Ashraf Camp, home of Iran’s main opposition organization. Iraq also highlighted its human rights achievements – including efforts to identify remains in mass graves, compensate victims of terrorist operations and military errors, and the creation of the National Centre for Human Rights. Iraq described the challenges posed by the legacy of the former dictatorship, the rise of terrorism, and the flow of refugees and displaced individuals in the country. Iraq concluded its report by detailing steps taken to implement the recommendations made at its first cycle UPR. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council Resolution 16/21: Iraq, UN Doc. A/HRC/WG.6/20/IRQ/1, 22 August 2014.

Iraq left unaddressed questions posed in advance of the review by several States as to whether Iraq would ratify the Rome Statute of the International Criminal Court in an effort to combat impunity for any war crimes or crimes against humanity committed on Iraqi territory by the Islamic State (ISIL). A recent UN report observed that ISIL has perpetrated numerous such crimes, including the abduction of girls and women as sex slaves, mass executions, and the recruitment of child soldiers. The report called on the Iraqi government to immediately accede to the Rome Statute, and emphasized Iraq’s obligation to investigate and prosecute violations of international human rights and humanitarian law. See Office of the High Commissioner for Human Rights and United Nations Assistance Mission for Iraq (UNAMI) Human Rights Office, Report on the Protection of Civilians in Armed Conflict in Iraq: 6 July – 10 September 2014 (2014).

Several civil society organizations commented on the situation of journalists in Iraq, where reporters are frequently the targets of sectarian violence. Between the second half of 2013 and the beginning of 2014, 14 journalists were reported killed. See Summary prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15(c) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to council resolution 16/21: Iraq, UN Doc. A/HRC/WG.6/20/IRQ/3, 31 July 2014, para. 31. In recognition of the plight of journalists, UNAMI and the United Nations Educational Scientific and Cultural Organization (UNESCO) called on Iraq to protect journalists, investigate acts of violence against journalists, and take steps to prevent impunity for such violence. See Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15(b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: Iraq, UN Doc. A/HRC/WG.6/20/IRQ/2, 18 August 2014, para. 43.

Slovenia

In its submission, Slovenia described changes to national institutions and legislation designed to better protect human rights, efforts to address court backlogs, ensure trial without undue delay and fair trials, combat abuses by law enforcement, anti-discrimination measures, gender equality, recognition of same-sex unions, rights of those with disabilities, rights of ethnic minorities – particularly the Roma, violence against women and domestic violence, children’s rights, freedom of religion and belief, the rights of aliens and asylum seekers and steps to combat trafficking. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Slovenia, UN Doc. A/HRC/WG.6/20/SVN/1, 15 August 2014.

Slovenia also outlined steps taken to recognize those who had been erased from the Register of Permanent Residents in the wake of Slovenia’s independence. In a 2012 ruling, the European Court of Human Rights found that the erasure of thousands of ethnic minorities from the Register was a violation of the rights and freedoms enshrined in the European Convention on Human Rights. Implementing the Court’s ruling, Slovenia adopted an Act to regulate the status of the erased persons, enabling them to obtain permanent residents and creating a mechanism to provide compensation for damages. See id. at paras. 89 – 97.

Egypt

Egypt’s report discussed the right to freedom of expression, thought, opinion, artistic and literary creativity, freedom of the press, and freedom of religion, noted the lifting of the state of emergency, described procedures for imposing the death penalty and arrest or detention, steps to fulfill the rights to housing, health, education, efforts to combat unemployment, steps to empower women and protect women’s rights, protections for children’s rights, the rights of persons with disabilities, refugees and migrants, work to combat torture and human trafficking, steps to combat terrorism while respecting human rights, national programs to promote and protect human rights, and efforts to cooperate with international human rights organizations. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Egypt, UN Doc. A/HRC/WG.6/20/EGY/1, 22 July 2014.

A number of civil society organizations drew attention to the tactics of Egyptian security forces, whose excessive use of force has resulted in the killings of more than 2,000 people in the past four years. See Human Rights Council, Summary prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (c)of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: Egypt, UN Doc. A/HRC/WG.6/20/EGY/3, 8 August 2014, paras. 43 and 44.

Civil society groups also observed an uptick in attacks on journalists. Since 2011, nine journalists have been killed in Egypt. Id. at para. 45. Current events point to additional threats to freedom of the press in Egypt: Three Al-Jazeera journalists have been imprisoned for more than 300 days on false charges of aiding the Muslim Brotherhood and disseminating false news. [Al Jazeera] Their incarceration prompted the High Commissioner for Human Rights to call on Egypt to immediately release all journalists and media workers jailed for carrying out their work. See Human Rights Council, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (c)of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21: Egypt, UN Doc. A/HRC/WG.6/20/EGY/2, 18 August 2014, para. 43. To learn more about international efforts to combat violence against journalists, see IJRC’s recent news post.

Bosnia and Herzegovina

In its second cycle report, Bosnia and Herzegovina addressed efforts to implement ratified international agreements, end discrimination, establish an effective judicial system, reduce poverty, ensure the rights of vulnerable groups – including children and minorities– promote freedom of religion, achieve gender equality and address the rights of victims of violence, human trafficking and war, protect those with disabilities, ensure the rights of refugees and displaced persons, fulfill the right to work, social security and health care, ensure freedom of the media and address corruption. Bosnia and Herzegovina also outlined the political, economic and developmental issues that hamper the State’s ability to fully implement human rights, and its efforts to strengthen its human rights capacities. See generally Human Rights Council, National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: Bosnia and Herzegovina, UN Doc. A/HRC/WG.6/20/BIH/1, 8 August 2014.

Additional Information

Learn more about the UPR process and the role of the UN Human Rights Council in monitoring human rights by visiting IJRC’s Online Resource Hub.